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Relevant bibliographies by topics / Divorce, india

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Academic literature on the topic 'Divorce, india'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 January 2023

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Journal articles on the topic "Divorce, india"

1

Jolly, Stellina, and Prakriti Malla. "Recognition and Enforcement of Foreign Divorce Judgments in India and Nepal: A Comparative Analysis." Global Journal of Comparative Law 11, no. 2 (July 12, 2022): 197–221. http://dx.doi.org/10.1163/2211906x-11020002.

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Abstract The increased presence of diaspora has resulted in many South Asian women marrying and migrating to the West. Such cross-border/transnational marriages have also resulted in copious judicial disputes presented in Western jurisdictions. The definitive resolution of marital disputes necessitates a well-defined mechanism for the recognition and enforcement of foreign judgments. Clear legal provisions dealing with recognition and enforcement of foreign divorce judgments are significant in determining a person’s legal status, which has instantaneous and future legal implications concerning property and succession. Despite the codification attempt at the international level by the Hague Conference on Private International Law, India and Nepal have not become parties to the Convention on the Recognition of Divorces and Legal Separations. Both countries have adopted different approaches and principles to deal with recognising foreign divorces. This article examines the legal position of recognising and enforcing foreign divorce judgments under the Indian and Nepalese Legal frameworks and contextualising its position in the global context.

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Dommaraju, Premchand. "Divorce and Separation in India." Population and Development Review 42, no. 2 (May 30, 2016): 195–223. http://dx.doi.org/10.1111/j.1728-4457.2016.00127.x.

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Mishra, Smeeta, and Krishna Jayakar. "Remarriage in India: Online Presentation Strategies of Men and Women on an Indian Remarriage Website." Indian Journal of Gender Studies 26, no. 3 (October 2019): 309–35. http://dx.doi.org/10.1177/0971521519861159.

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Traditionally, attitudes towards remarriage in India have been characterised by scepticism and suspicion, especially in the case of women. Online remarriage sites promised to open up new possibilities for Indians seeking remarriage. A study of self-presentation strategies adopted by men and women in their online profiles posted on a popular remarriage site shows that while the new technology may have made it easier for divorced and widowed individuals to search for partners, profiles presented emphasise caste and community affiliations, and reinforce gendered roles and expectations. Those seeking remarriage, especially women, engaged in substantial efforts to allay fears and concerns associated with divorce and remarriage in India by adhering to normative standards characteristic of a deeply patriarchal society. While many profiles of men highlighted a sense of male entitlement and privilege, an account of the circumstances of divorce was missing from the profiles of both men and women even as the Indian family as a site of harmony and respectability was emphasised by both. Furthermore, while men made consumerist promises in their statements, women used their online profiles to express their consumerist dreams, simultaneously adhering to gendered expectations. Finally, both men and women engaged in selective self-presentation emphasising socially desirable traits such as a light skin tone or a desirable body type in a neoliberal context marked by consumerist modernity.

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Chakrabarti, Anindita, K. C. Mujeebu Rahman, and Suchandra Ghosh. "Of Marriage, Divorce and Criminalisation." Journal of Legal Anthropology 6, no. 1 (June 1, 2022): 24–48. http://dx.doi.org/10.3167/jla.2022.060103.

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In India, where religion-specific laws govern issues of marriage, divorce, maintenance, adoption and inheritance, the family laws of Muslims – the largest religious minority – have been a thorny issue in the post-independence period. In recent years, the major intervention in Muslim personal law reform came in the form of the invalidation of instant divorce or triple talaq by the Supreme Court of India. Subsequently, a law was passed that criminalised it. By delving into a close examination of recent judicial activism and by drawing on our ethnographic work with Muslim women in India, we show that it is only by refocussing the debate from judicial discourse to legal practice that the trope of Muslim women’s victimhood and the tired debates about religious freedom versus citizenship rights can be questioned and bypassed.

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Dutta, Sagnik. "Divorce, kinship, and errant wives: Islamic feminism in India, and the everyday life of divorce and maintenance." Ethnicities 21, no. 3 (March 3, 2021): 454–76. http://dx.doi.org/10.1177/1468796821999904.

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This article is an ethnographic exploration of a women’s sharia court in Mumbai, a part of a network of such courts run by women qazi (Islamic judges) established across India by members of an Islamic feminist movement called the Bharatiya Muslim Mahila Andolan (Indian Muslim Women’s Movement). Building upon observations of adjudication, counselling, and mediation offered in cases of divorce and maintenance by the woman qazi (judge), and the claims made by women litigants on the court, this article explores the imaginaries of the heterosexual family and gendered kinship roles that constitute the everyday social life of Islamic feminism. I show how the heterosexual family is conceptualised as a fragile and violent institution, and divorce is considered an escape route from the same. I also trace how gendered kinship roles in the heterosexual conjugal family are overturned as men fail in their conventional roles as providers and women become breadwinners in the family. In tracing the range of negotiations around the gendered family, I argue that the social life of Islamic feminism eludes the discourses and categories of statist legal reform. I contribute to existing scholarship on Islamic feminism by exploring the tension between the institutionalist and everyday aspects of Islamic feminist movements, and by exploring the range of kinship negotiations around the gendered family that take place in the shadow of the rhetoric of ‘law reform’ for Muslim communities in India.

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Sharafi, Mitra. "The semi-autonomous judge in colonial India." Indian Economic & Social History Review 46, no. 1 (January 2009): 57–81. http://dx.doi.org/10.1177/001946460804600104.

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Through a survey of 19 leading cases on Islamic dower and divorce between 1855 and 1924, this article explores the ways in which judges acted as semi-autonomous agents by undermining the colonial legislation and personal law treatises they were expected to apply. Contrary to the view that colonial judges consistently reinforced the patriarchal authority of husbands in direct and immediate ways, it suggests that some colonial judges were working in the service of their own chivalric imperialist agenda: the defence of Muslim wives. The article focuses on two particular moves. First, colonial judges encouraged the use of inflated dower, a device intended to make the husband's power of triple talāq too expensive to use. Colonial legislators invalidated inflated dower in various parts of India, but judges confirmed the validity of inflated dower sums whenever possible. Second, judges expanded the use of delegated divorce, a device that helped Muslim wives counter their husbands' right to polygamy and unilateral divorce. In doing so, judges undermined the restricted approach to delegation taken by colonial treatises on Anglo-Islamic law.

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Shabnam Khan and Dr. Seema Sharma. "Dissolution of Muslim Marriage in India: An Analytical Study." Legal Research Development an International Refereed e-Journal 6, no. II (December 30, 2021): 36–38. http://dx.doi.org/10.53724/lrd/v6n2.08.

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The concept of marriage and divorce in Muslim law is based on ancient perspectives and a historical perspective among Muslims. Personal law, which contains the Quran (holy book of Muslims), Sunnat (traditions), Ijma (consensus), and Qiyas (analogical deductions). Quran is the most important source in Muslim Law. Marriage is seen as a civil contract in Muslim law. Nikah and muta marriages are two different types of Muslim marriages. Both the likely husband and wife must fulfill various significant conditions before entering into a Nikah marriage, such as the age of majority, the parties' permission, Mehr, and so on. Because Muslim marriage is a civil contract, one party makes an offer, which is accepted by the other. Divorce by husband, by wife, by mutual consent, and by judicial order are the four types of divorce in Muslim Law.

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Rheem, Abdul, and Musheer Ahmad. "APPLICATION OF MATLAB IN REAL DECISION MAKING PROBLEM." Jnanabha 52, no. 01 (2022): 08–21. http://dx.doi.org/10.58250/jnanabha.2022.52102.

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The aim of this paper is to analyze the maximum age group of women affected by the divorce problem using fuzzy matrix method. Study of this real world problem is based on four types of different matrices, known as initial raw data matrix (IRDM), average time dependent data matrix (ATDM), refined time dependent data matrix ( RTDM), and combined effect time dependent data matrix ( CETDM). For this study the data has been obtained from 110 divorced women in Delhi and NCR, India. In order to estimate maximum age group of women influenced by divorce problem, some graphical representations are shown for different values of ?, 0 ≤ α ≤ 1 using algebraic applications of fuzzy matrices. Abdul et al. [13] faced different type of problem like if we add one or more attributes row wise or column wise then matrix will become bigger and complexity will increase during calculation. Due to it we use matlab code to solve each part of this problem in this paper and got best results.

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Vatuk, Sylvia. "Extra-Judicial Khulʿ Divorce in India’s Muslim Personal Law." Islamic Law and Society 26, no. 1-2 (January 1, 2019): 111–48. http://dx.doi.org/10.1163/15685195-02612p06.

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AbstractThis essay examines khulʿ divorce as it is interpreted, understood, and practiced in India by Sunni Hanafi Muslims. My research was part of a broadly focused investigation of the impact of India’s Muslim Personal Law upon women’s well-being, begun in 1998 and on-going. I draw upon ethnographic and archival data collected between 1998 and 2001, as well as a recent review of the relevant case law. Widespread stereotypes represent Indian Muslim women as powerless to free themselves from unhappy marriages. However, they do have several legal options. One is to offer the husband a consideration for granting an extra-judicial divorce by khulʿ. This has distinct advantages over filing for divorce in a court of law. But its downside is that the husband must agree to release his wife from the marriage. Many refuse, others drive hard bargains or create other difficulties for the wife that are discussed in the essay.

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Sharma, Prabha, and Dinesh Sharma. "THREE DIVORCES: A SOCIOLOGICAL SCIENTIFIC ANALYSIS." International Journal of Research -GRANTHAALAYAH 8, no. 10 (November 6, 2020): 182–86. http://dx.doi.org/10.29121/granthaalayah.v8.i10.2020.2029.

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English: The article presented describes the marriage (nikah) divorce, multi-marriage Shariah and Indian constitution due to the religious trends of the Muslim class in Indian society. India is a sovereign, socialist, secular, democratic republic with a parliamentary system of government. In the republic of the same parliamentary system, in the present time, the right of Muslim women to be violated, in the form of divorce, in the form of divorce, and there is no more dowry, the main reason for such exploitation is lack of proper and complete knowledge of religion. , Wrong use of the rule of Sharia law is to be superstitious and orthodox and to not give legal form to marriage with very important religious marriage. The articles presented are based on Purnataya Second type of information like - Islamic book, Indian constitution, newspaper, website of Ministry of Information and Broadcasting (Government of India) etc. Hindi: प्रस्तुत लेख में भारतीय समाज में मुस्लिम वर्ग के धार्मिक प्रवृत्तियों से हो रहे विवाह (निकाह) तलाक, बहु विवाह शरीअत एवं भारतीय संविधान का वर्णन किया गया है। भारत में संसदीय प्रणाली की सरकार वाला एक प्रभुसत्ता सम्पन्न, समाजवादी, धर्म निरपेक्ष, लोकतंत्रात्मक गणराज्य है। उसी संसदीय प्रणाली की सरकार वाले गणराज्य में वर्तमान समय मुस्लिम महिलाओं के अधिकारों का हनन कही निकाह के रूप में, कही तलाक के रूप में तो कही दहेज अधिक न मिलने के कारण इस प्रकार के शोषण का मुख्य कारण धर्म का सही और पूरा ज्ञान न होना, शरीअत कानून के नियम का गलत प्रयोग अन्धविश्वास एवं रुढ़िवादी होना एवं अत्यन्त महत्वपूर्ण धार्मिक विवाह के साथ ही साथ विवाह को कानूनी रूप प्रदान न किया जाना है। प्रस्तुत लेख पूर्णताया द्वितीय प्रकार की सूचनाओं पर आधारित हैं जैसे - इस्लामिक पुस्तक, भारतीय संविधान, समाचारपत्र, सूचना एवं प्रसारण मंत्रालय (भारत सरकार) की बेवसाइड इत्यादि।

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Dissertations / Theses on the topic "Divorce, india"

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Holden, Livia. "Acting for equity : women's legal awareness in Hindu customs of divorce and remarriage in central India." Thesis, University of London, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.407734.

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Levin, Emily P. Levin. "Gratefully Acknowledged." University of Akron / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=akron152190240698231.

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Bhattacharyya, Supriya. "Indian immigrant women's post-divorce experience." Thesis, University of British Columbia, 2012. http://hdl.handle.net/2429/42180.

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The post-divorce experience has been the topic of much research in Western, industrialized nations. Little is known about the experiences of women from non-Western countries who have immigrated to Western countries. This study explores the post-divorce experiences of immigrant women from India who came to Canada with their husbands and subsequently got divorced. This study examines the economic, social, and residential changes these women faced after their divorces; the resources they used to cope with the changes; and the effects of their religions on their attitudes towards divorce. Qualitative data were collected via face-to-face interviews. Six women from Hindu and Sikh backgrounds, residing in the Greater Vancouver area, took part in this study. A grounded theory approach was used to analyze the data. As expected from previous findings, participants experienced a significant decrease in their incomes; their social networks diminished; and most left their marital residence. Most participants did not receive their share of the marital property, which is a key contrast to the experience of non-Indian women from the Western world. Contrary to previous studies that suggested South Asian women experience banishment from their families, every participant stated that she received full support from her family. The last finding concerns the influence of religion on the way these women perceived divorce. All participants emphasized individual spirituality, as well as education, to be more influential than the religious prescription of divorce in how they perceived divorce. This study is an exploratory study and it is limited by the small sample size.

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Das, Chaitali. "British-Indian adult children of divorce : context, impact & coping." Thesis, Royal Holloway, University of London, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.537520.

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Naidoo, Suraya. "Attitudes and perceptions of marriage and divorce among Indian Muslim students." Thesis, Rhodes University, 2001. http://hdl.handle.net/10962/d1003077.

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This study explores the question of religion and ethnicity as a source of family diversity and ideology. An ideal-typical "traditional Muslim family ideology" was developed and tested. Eight Indian Muslim students at Rhodes University were asked about their attitudes and perceptions of marriage and family life, to determine the particular type of family ideology that these students embraced. Family-related issues such as marriage; the division of labour; gender roles; the extended family system; divorce; and polygamy were addressed. On the basis of the research results, it was found that these students largely adopted the "traditional Muslim family ideology". Religion and ethnicity were found to play an important role, in the make-up of these students' perception of marriage and family life, and a strong preference for the extended family was shown.

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Angspatt, Jiraporn D. "The impact of the American Indian extended family support system on family adaptability and cohesion during a divorce." 1993. http://catalog.hathitrust.org/api/volumes/oclc/29042199.html.

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Dusová, Jana. "Indické manželství nazírané z ženské perspektivy v románech Chitry Banerjee Divakaruni a Arundhati Roy." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-354157.

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The aim of this diploma thesis is to analyse the conception of marriage in the works of two Indian female authors, namely Chitra Banerjee Divakaruni's novels Sister of My Heart and its sequel The Vine of Desire and Arundhati Roy's The God of Small Things. The thesis consists of two parts. The objective of the theoretical part is to portray the position of marriage within Indian society and to introduce two female authors and their novels where the theme of Indian marriage plays a significant role. The practical part of the work focuses on a thorough analysis of three chosen female characters. Their roles within the marriage and the influence of marriage on their lives will be further discussed. The result of this part will be an overall comparison of how the chosen authors approach the theme of traditional Indian marriage in their works. . KEY WORDS Indian society, arranged marriage, marriage of one's own will, Indian vs. American marriage, social roles related to marriage, transgressions of marital laws, divorces

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Books on the topic "Divorce, india"

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Singh, Shiv Sahai. Unification of divorce laws in India. New Delhi: Deep & Deep Publications, 1993.

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Manchanda, S. C. Law & practice of divorce in India. 5th ed. New Delhi: Butterworths India, 2000.

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3

India. Law of divorce and maintenance in India. Indore, M.P: S. Lal & Co., 1990.

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Sivaramayya, B. Matrimonial property law in India. New Delhi: Oxford University Press, 1999.

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India. Law of marriages, maintenance, separation, and divorce in India. 2nd ed. Allahabad: University Book Agency, 1989.

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Hindu divorce: A legal anthropology. Aldershot, Hants, England: Ashgate Pub., 2008.

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Emmanuel Zafar Advocate Ex-Member National Assembly Of Pakistan. The law relating to Christian marriage and divorce in Pakistan, India & Bangladesh. Lahore: Irfan Law Book House, 1996.

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Rao, Kande Prasada. Law applicable to Christians in India: Marriage and matrimonial causes. 2nd ed. Delhi: Universal Law Pub. Co., 2003.

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The accidental adventures of India McAllister. New York: Henry Holt, 2010.

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Status of Muslim women in India: Law relating to marriage, divorce and maintenance. New Delhi: Regal Publications, 2013.

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Book chapters on the topic "Divorce, india"

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Lim, Yves-Heng. "Enduring Divorce: Multilayered Causes of the China-India Rivalry." In Building Sustainable Couples in International Relations, 167–89. London: Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137273543_9.

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Nimushakavi, Vasanti. "Cross-Border Divorce Decrees—Recognition in India and Public Policy Considerations." In Private International Law South Asian States’ Practice, 111–32. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-3458-9_6.

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Noor, Farish A. "An Imperial Divorce: The Division of South and Southeast Asia in the Colonial Discourse of the Nineteenth Century." In Cultural and Civilisational Links between India and Southeast Asia, 301–23. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-7317-5_18.

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Tschacher, Torsten. "Dress, Drama, and Divorce." In Race, Religion, and the ‘Indian Muslim’ Predicament in Singapore, 68–90. New York : Routledge, 2018. | Series: Routledge studies on Islam and Muslims in Southeast Asia ; 3: Routledge, 2017. http://dx.doi.org/10.4324/9781315303390-4.

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Sudarshan, Anant. "Monitoring Industrial Pollution in India." In Introduction to Development Engineering, 161–82. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-86065-3_7.

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AbstractMany developing countries are attempting to prevent a rapid deterioration of air quality while still encouraging economic growth. In settings where state capacity is severely limited, enhancing the effectiveness of regulators is critical to success. Previous work has documented how Indian environmental regulators are constrained by having poor information on the pollution emitted by manufacturing plants, due to high monitoring costs, corruption, or staff constraints. This case study discusses a pilot project in the Indian state of Gujarat, designed to evaluate the benefits of Continuous Emissions Monitoring Systems (CEMS) – technology used to remotely monitor pollution emitted by industrial plants in real time. We show how the institutional context in which CEMS was deployed, which included an inflexible legal and regulatory framework and collusion between industry and labs to falsify data, cannot be divorced from an assessment of the performance of the technology solution. The eventual benefits of CEMS in the status quo regulatory framework proved limited. Nevertheless, the technology also provided an opportunity to change the rules of the game, allowing Gujarat to experiment with India’s first emissions trading scheme.

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Govindaraj, V. C. "Law of Persons." In The Conflict of Laws in India, 73–127. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199495603.003.0007.

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This chapter deals with the law relating to marriage and divorce, as interpreted and applied by courts in India. Marriage involves many topics/processes such as celebration, divorce, nullity, etc., and each one is accorded a different treatment by the concerned law. The following topics/processes under each matrimonial law are discussed: pre-solemnization requisites; solemnization; divorce; marriages solemnized under the Foreign Marriages Act, 1969; the conversion of spouses of the Hindu, Christian, and Parsi marriages to Islam, and right to polygamy after such conversion; conversion of Muslim women from Islam after dissolution of marriage under Muslim Law; and rights of a Muslim woman to seek divorce and maintenance.

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"Jurisdictional Issues in Enforcement of Foreign Divorce Decrees in India: an Analysis." In India and International Law, Volume 2, 469–86. Brill | Nijhoff, 2008. http://dx.doi.org/10.1163/ej.9789004161528.i-570.133.

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Lemons, Katherine, and Nadia Hussain. "9. The Ends of Divorce: Marital Dispute as a Locus of Social Change in India." In Islamic Divorce in the Twenty-First Century, 187–203. Rutgers University Press, 2022. http://dx.doi.org/10.36019/9781978829091-014.

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Vatuk, Sylvia. "Divorce at the Wife's Initiative in Muslim Personal Law: What are the Options and What are their Implications for Women's Welfare?*." In Redefining Family Law in India, 200–235. Routledge India, 2020. http://dx.doi.org/10.4324/9780367817831-8.

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Ashton, Rosemary. "May 1858." In One Hot Summer. Yale University Press, 2017. http://dx.doi.org/10.12987/yale/9780300227260.003.0003.

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This chapter details events that occurred in London in the summer of 858. These include the rift between Charles Dickens and William Makepeace Thackeray, which can be partially attributed to Dickens's much publicized separation from his wife and Thackeray's role in spreading rumours about the former's marriage troubles; and Benjamin Disraeli's political success stemming from his role in guiding the India Bill to completion, his widely acclaimed budget, and his swift management of the bill to clean up the Thames. The chapter also describes the Divorce Act, which was being tested in suits brought before the new Divorce Court during the spring and early summer of 1858. By the end of the year, 244 cases had been heard, and the general opinion was that the new law was a roaring success.

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